Do I have to exchange my child during the California ‘Shelter At Home’ based on our normal custody orders?
The State of California is going through an unprecedented and completely unexpected scenario with the COVID-19 ‘Shelter at Home’ Order from Governor Newsom. The order is not only affecting employers, work places, restaurants, bars, gym, Californian children’s schooling, but also extracurricular activities, day-to-day schedules, parent work schedules, etc. As a family law attorney in the Inland Empire, practicing in San Bernardino County, Riverside County, Los Angeles County, and Orange County, I have been getting many questions from clients, engaged in discussions with other attorneys, and received calls from potential clients regarding how the ‘Shelter at Home’ Order affects custody exchanges, if at all.
In an effort to provide insight and perspective to the parents struggling with what to do, I wanted to share some things to consider when determining if you should exchange your child according to your court ordered custody and visitation schedule. Every case is different and there is not a “one size fits all” answer. Your “home court” judge will be the ultimate decider for your case; however, most courts in California are open on a very limited basis and only for emergency situations. The likelihood that you will be able to get into court to ask for an order regarding a custody exchange during the next several weeks is highly unlikely. Therefore, how should you approach a custody exchange during the California COVID-19 ‘Shelter at Home’ Order and what facts should you consider?
Being an experienced family law attorney practicing in the Inland Empire, throughout San Bernardino County, Riverside County, Los Angeles County, and Orange County, I speak with many people about the divorce process. I consult with hundreds of people throughout the year and often people have similar questions. One question a potential client often asks is whether or not he or she can stop their divorce. There are various reasons why someone would want to stop their divorce whether it’s because of reconciliation, reconsideration, or timing. Whatever the reason is, there are certain situations in which the divorce process cannot be stopped and there are also several ways end the divorce process.
How easy is it to get divorced in California? Not as easy as you might think. As an experienced divorce attorney in the Inland Empire, working in San Bernardino County, Riverside County, Los Angeles County, and Orange County, I answer a lot of questions regarding “how to get a divorce.” Most people I talk with are shocked to learn that there are several steps to be completed before their divorce can be finalized. These individuals often believe step one, which is filing the Petition for Dissolution, is all that is required. Unfortunately, that is not the case. They are often also surprised to learn that each case takes a different path, depending on the parties and the issues in the case.
As an experienced family law attorney in the Inland Empire, practicing in San Bernardino County, Riverside County, Orange County, and Los Angeles County, I would advise any person considering divorce to speak to an attorney. The divorce process is different for every person, but a conversation with a divorce attorney at the beginning of the process can help educate you and, hopefully, help make the process less intimidating and less difficult. I have helped litigants at every stage – before marriage with premarital agreements, during marriage with post-nuptial agreements, during separation with mediation, and after separation with legal separation and divorce. From the hundreds of people I have helped, I know that having an understanding of the what, why, when, and how of divorce gives people confidence and ultimately results in a better outcome for that person.
California Family Code section 4062 states, “(a) The court shall order the following as additional child support: (1) Child care costs related to employment or to reasonably necessary education or training for employment skills. (2) The reasonable uninsured health care costs for the children as provided in Section 4063.
There are three types of marital actions in California: dissolution (regular or summary), legal separation and nullity.
In California, dissolution is granted on only two grounds: (1) irreconcilable differences or (2) incurable insanity. Cal. Fam. Code § 2310. Court are generally very liberal in the interpretation of whether or not there are irreconcilable differences in a marriage; however, if there is a reasonable possibility of reconciliation, the court must continue the proceeding for no more than 30 days. Cal. Fam. Code § 2334.
Did your ex-spouse recently move to California from another state and you want to enforce a Child Support Order against him or her? There are several things you need to know.
Often times in child custody cases, one parent will request the other party be required to complete a drug test. The reasoning behind the request may be because of an incident that occurred or an admission by the parent.
Because the Court bases a determination of child custody orders on the best interests of the child, under California Family Code section 3011, the Court has been given a tool to monitor drug use in certain cases.
California Family Code section 3170 requires the Court send the parents in a Child Custody and Visitation matter to child custody counseling. Each county has a different model, whether it is Child Custody Recommending Counseling (CCRC) or Family Court Services (FCS); however, the creation of and the purpose behind the counseling comes directly from the California Family Code.
A major issue – often times the biggest issue – in divorce cases is the marital home. Who is allowed to stay in the home during the divorce process? Who will pay the mortgage payments on the home during the divorce process? Will payments made on the mortgage during the divorce process be reimbursable? What will the disposition of the marital home be once the divorce is finalized?